Agenda Committee Item #5
Council Draft Agenda - July 20, 2004

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 20, 20047:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Council Action:  The City Council may take action related to any subject listed on the Agenda.


Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      Lease: 3282 Adeline Street (First reading – July 13, 2004)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to execute a five-year lease and maintenance agreement with a five-year renewal option with Mansour Taeed for real property located at 3282 Adeline Avenue to provide operating space for the Department of Health and Human Services, Mental Health Division, Family, Youth and Children’s Services Program.

Contact: Fred Medrano, Health and Human Services, 981-5100

2.      Hazardous Materials Codes (First reading – July 13, 2004)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapters 11.18 (Ordinance No. 6,056–N.S.) and 11.52 (Ordinance No. 6,271–N.S.) the hazardous materials codes, and reenacting these chapters in a new BMC Title 15, Hazardous Materials, as Chapters 15.04, 15.08 and 15.12.

Contact: Dan Marks, Planning, 981-7400

3.      Administrative Fees for Fingerprinting of Non-Residents (First reading – July 13, 2004)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 2.64.150 to establish administrative fees for the fingerprinting of non-residents be set by Council resolution.

Contact: Roy Meisner, Police, 981-5700

4.      Fees for Good Conduct Letters (First reading – July 13, 2004)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 2.64.130, to establish fees for Good Conduct letters be set by Council resolution; and 2) adopt a Resolution, to be effective upon the effective date of the ordinance, increasing the fees for Good Conduct letters from $10 to $20.

Contact: Roy Meisner, Police, 981-5700

5.      Sublease Agreement:  2809 Telegraph Avenue (First reading – July 13, 2004)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to execute a sublease agreement with Internet-Journals, Inc. (dba as The Berkeley Electronic Press and bepress) for office space located at 2809 Telegraph Avenue, Suite 202 for term to end December 14, 2006 at a rent of $3,000 per month.

Contact:  Rene Cardinaux, Public Works, 981-6300

6.      Lease Agreement: 2446 Durant Avenue Sather Gate Shops (First reading – July 13, 2004)

From: City Manager

Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj, (Moe’s Flowers) for retail space, located at 2446 Durant Avenue for the purpose of operating a retail flower store for the period 2004-2014 at a starting rent of $19,200 annually.

Contact: Rene Cardinaux, Public Works, 981-6300

7.      Needle Exchange

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.

Contact: Sherry Kelly, City Clerk, 981-6900

8.      Contract: Berkeley Alliance

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance to provide administrative support and project services for this partnership endeavor with the Berkeley Unified School District (BUSD) and UC Berkeley in an amount not to exceed $72,000 for the period July 1, 2004 to June 30, 2005.

Financial Implications: See report.

Contact: Arrietta Chakos, City Manager, 981-7000

9.      Donation: Computers and Related Equipment

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept a donation of computers and related equipment valued at approximately $15,000 from Gateway Computers and a donation of computer furniture valued at approximately $5,000 from the Berkeley Rotary Club for the purpose of furnishing and equipping the newly rehabilitated Computer Learning Room at the Frances Albrier Recreation Center at San Pablo Park.

Financial Implications: None.

Contact: Michael Caplan, City Manager, 981-2490

10.  Contract: Remittance Processing Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) execute a one-year contract with Financial Data Solutions, Inc. to provide a comprehensive range of remittance processing services for the period of August 15, 2004 through August 14, 2005, in the amount of $50,000; 2) approve an option for two one-year extensions through August 14, 2007, for a total of three one-year contracts in amount not to exceed $150,000.

Financial Implications: General Fund – $150,000.

Contact: Fran David, Finance, 981-7300

11.  Formal Bid Solicitations and Requests for Proposals

From: City Manager

Recommendation:  Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued; that have been issued and received due to extenuating circumstances; or that have been sent out (opened) but not yet received (closed).

Financial Implications: Various sources – $1,100,000.

Contact: Fran David, Finance, 981-7300

12.  Contract: Medi-Cal Administrative Activities and Targeted Case Management Participation Fee

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the County of Butte for Host Entity Administrator fees for the Medi-Cal Administrative Activities (MAA) and Targeted Case Management (TCM) programs for the period July 1, 2003 through June 30, 2005 in an amount not to exceed $25,626.

Financial Implications: See report.

Contact: Fred Medrano, Health and Human Services, 981-5100

13.  Contract: Transitional Housing

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) execute an amendment to the contract with the Avondale Hotel for the provision of AB2034 grant-based rental subsidies for transitional housing for individuals who are homeless and mentally disabled; 2) increase the amount by $195,850 for FY 2004 and for the first seven months of FY 2005 for a total amount not to exceed $270,850; and 3) to extend the term to January 31, 2005.

Financial Implications: State Integrated Services and Housing for the Homeless Mentally Disabled Grant – $195,850.

Contact: Fred Medrano, Health and Human Services, 981-5100

14.  Prescription Psychiatric Medications

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order with United Pharmacy for purchases of prescription psychiatric medications for the period July 1, 2004 through December 31, 2004 in an amount not to exceed $120,000, and waiving the competitive bid requirements of City Charter Section 67 pursuant to City Charter Section 67.4.

Financial Implications: State Realignment Fund – $120,000.

Contact: Fred Medrano, Health and Human Services, 981-5100

15.  Chavez Memorial Solar Calendar

From:  City Manager

Recommendation:  Adopt a Resolution:  1) approving Phase I design for the permanent placement of a memorial solar calendar; 2) authorizing the use of site by the Chavez Memorial Solar Calendar & Education Project (CMSCEP); 3) allowing the interim solar calendar, currently at the site, to continue to function; 4) establishing a two-year monitoring system to raise funds for the construction of Phase I of the project; 5) directing CMSCEP to establish a formal relationship with Kala Art Institute in Berkeley ; 6) directing CMSCEP to formalize their organizational structure; 7) directing CMSCEP to prepare a Memorandum of Understanding for Council approval regarding use and long term maintenance of the site; and 8) incorporating Phase II into the 2005 Public Arts Program Work Plan.

Financial Implications: None.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

16.  Memorandum of Understanding: Lower Codornices Creek Restoration and Site Improvement Project

From: City Manager

Recommendation:  Adopt a Resolution directing the City Manager to enter into a Memorandum of Understanding (MOU) for the purpose of allocating the responsibilities of the project partners—the City of Berkeley, the City of Albany and the University of California—for implementation and maintenance of the Lower Codornices Creek Restoration and Site Improvement Project, and authorizing annual payments to cover the City’s share of maintenance, subject to annual appropriations.

Financial Implications: See report.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

17.  Contract: Plan Checking Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Telesis Engineers for plan checking services to increase the contract amount of by $140,000 for a new total amount not to exceed $260,000 and to extend the term for an additional year to December 31, 2005.

Financial Implications: Permit Service Center Fund – $140,000.

Contact: Dan Marks, Planning, 981-7400

18.  Contract: Clean City Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment of the contract with Building Opportunities for Self-Sufficiency (BOSS) for litter removal, extending the term through June 30, 2005 for a total amount not to exceed $356,104.

Financial Implications: Refuse Fund – $356,104

Contact: Rene Cardinaux, Public Works, 981-6300

19.  Contract: Sanitary Sewer Project

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Dwight Way, Ellsworth Street, Dana Street, Parker Street, Ninth Street and Woolsey Street; accepting the bid of Gold Wing Engineering; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $770,948 for the period of 220 calendar days.

Financial Implications: Sewer Capital Improvement Project Fund – $770,948.

Contact: Rene Cardinaux, Public Works, 981-6300

20.  Grant: Traffic Calming Plan for Dwight Way

From: City Manager

Recommendation:  Adopt a Resolution approving the Traffic Calming Plan for Dwight Way between San Pablo Avenue and Sacramento Street, and authorizing the City Manager to: 1) submit a grant application to the Bay Area Air Quality Management District’s Transportation Fund for Clean Air Regional Fund grant program for funds in the amount of $99,000 in FY 2004 for implementation of the Traffic Calming Plan; 2) accept the grant and execute any resultant agreements and amendments; and 3) implement the project, subject to Council approval of expenditures and bids.

Financial Implications: Grant - $99,000.

Contact: Peter Hillier, Transportation, 981-7010

21.  Contract: CarShare for Fleet Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with City CarShare to provide a fleet of CarShare vehicles for use by employees for work-related trips for the period August 1, 2004 through June 30, 2007 in an amount not to exceed $413,000.

Financial Implications: See report.

Contact: Peter Hillier, Transportation, 981-7010

22.  Fee Waiver: Annual Berkeley Mount Zion Missionary Baptist Church Business Street Faire (PDF, 178 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution waiving fees associated with the Annual Berkeley Mount Zion Missionary Baptist Church Business Street Faire. The general fee waivers include the permit, sound amplifier, noise variance and maintenance deposit and the non-personnel fee waivers include the street barricades and a portable unisex/disabled toilet.

Contact: Tom Bates, Mayor, 981-7100

23.  Review of David Brower Memorial Sculpture (PDF, 1 MB)

From:  Mayor Bates

Recommendation:  Direct the Civic Arts Commission, the Waterfront Commission and the City Manager to review the possibility of accepting, free of charge, a David Brower Memorial sculpture (“Spaceship Earth” by noted Finish sculptor Eino) from the Maxwell family and locating it in the Marina or another suitable place.

Contact: Tom Bates, Mayor, 981-7100

24.  Daylighting of Strawberry Creek (PDF, 197 KB)

From: Councilmember Spring

Recommendation:  Adopt a Resolution supporting the daylighting of Strawberry Creek in the downtown, if feasibility is demonstrated.

Contact: Dona Spring, Councilmember District 4, 981-7140

25.  Support SOLVE Act Of 2004 (PDF, 409 KB)

From: Councilmember Worthington

Recommendation: Support the Safe Orderly Visas and Enforcement (SOLVE Act of 2004), which will establish pathways to legalization, lawful permanent resident status, and eventually citizenship for undocumented immigrants; will help re-unite families; and will respect labor rights; and send letters of support to our representatives in Congress.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

26.  Support SB1160: Immigrant Responsibility and Security Act (PDF, 1 MB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution in support of SB1160: Immigrant Responsibility and Security Act, which will enable immigrant families who are California residents the ability to continue to contribute to the economy and provide for a safer means of transportation.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

27.  Fee Waiver: Willard Middle School’s Youth Support Program Annual BBQ (PDF, 75 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution waiving the park fee for Willard Middle School’s Youth Support Program Annual BBQ at Willard Park on October 2nd.  

Contact: Kriss Worthington, Councilmember District 7, 981-7170

28.  Letter Of Clarification regarding UC Berkeley’s 2020 LRDP and DEIR (PDF, 101 KB)

From: Councilmember Worthington

Recommendation: Send a letter of clarification following up on City Comments to UC Berkeley’s 2020 Long Range Development Plan (LRDP) and the Draft Environmental Impact Report (DEIR): 1) Reaffirming City opposition to UC’s Parking Replacement Policy’s application to housing, as voted on by City Council on September 28, 1999; and 2)  clarifying support for housing policies by replacing the  comment language underlined below with General Plan and Southside Plan wording.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

29.  Benvenue Neighbors Association Proposal on American Baptist Seminary Of The West (PDF, 212 KB)

From: Councilmember Worthington

Recommendation: Refer to the City Manager the Benvenue Neighbors Association WIN-WIN-WIN proposal to address concerns about American Baptist Seminary of the West (ABSW).

Contact: Kriss Worthington, Councilmember District 7, 981-7170

30.  Aggressive Debt Collection And Discriminatory Pricing Practices At Sutter Health Hospitals (PDF, 167 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution opposing aggressive debt collection and discriminatory pricing practices at Sutter Health Hospitals.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

31.  Honoring Marla Bennett (PDF, 78 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution expressing sympathy to the family, friends and co-workers of Marla Bennett and adjourning the Council meeting in her honor.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

32.  Support Ratification of U.N. Convention on the Elimination of All Forms of Discrimination Against Women (PDF, 85 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution supporting ratification of U.N. Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), and refer to the City Manager to consider drafting an Ordinance adopting the operative articles of the Convention based on the sample done by the City and County of San Francisco.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

33.  Ballot Measure:  New Local Transit System Referendum (PDF, 82 KB)

From: Councilmember Worthington

Recommendation: Place a referendum on the November ballot as to whether Berkeley should plan for a new local rail transit system.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

34.  Fee Wavier: Berth Fees – Berkeley Racing Canoe Center

a.      From: Waterfront Commission (PDF, 2 MB)

Recommendation:  Adopt a Resolution approving the application for nonprofit in-lieu-of-fee status and waiving berth fees at the Berkeley marina in exchange for community service for the Berkeley Racing Canoe Center.

Financial Implications: See report.

Contact:  Cliff Marchetti, Waterfront Commission Secretary, 524-1938

b.      From: City Manager

Recommendation:  The City Manager concurs with the content and recommendations of the Commission’s Report.

Contact:  Marc Seleznow, Parks Recreation & Waterfront , 981-6700

35.  Oceanview Sisterna Historical District-2104 Sixth Street

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Landmarks Preservation Commission (LPC) to include the structure and site at 2104 Sixth Street as part of the Oceanview Sisterna Historic District, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      Gary Feiner

c.       Communication

1.       

36.  1800 San Pablo Avenue

a.      From: City Manager

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve a mixed-use building; and dismissing the appeals.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      Michael Fretz

2.      Vince de’Armond

c.       Communication

 NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code '65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.


Action Calendar - Public Hearings

37.  Thousand Oaks Undergrounding Utility Assessment

From:  City Manager

Recommendation: 

Contact: Rene Cardinaux, Public Works, 981-6300

38.  Oxford Plaza and the David Brower Center Development

From: City Manager

Recommendation:
Contact:  Stephen Barton, Housing, 981-6900

39.  Assessment: Telegraph Property and Business Improvement District

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution confirming the Annual Report on the Telegraph Property and Business Improvement District for Fiscal Year 2004 and levying assessments in the District for FY 2005.

Financial Implications: Telegraph Property and Business Improvement District Revenue Account – $231,000.

Contact: Tom Myers, Economic Development, 981-7530

40.  Assessment: North Shattuck Business Improvement District

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1) confirming the Annual Report on the North Shattuck Business Improvement District for FY 2004; and 2) levying assessments in the District for FY 2005.

Financial Implications: North Shattuck Business Improvement District Revenue Account – $382,983

Contact Tom Myers, Economic Development, 981-7530

41.  Assessment: Elmwood Business Improvement Area

a.      From: Elmwood Advisory Board (PDF, 617 KB)

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2004 and levying assessments in the Area for FY 2005.

Financial Implications: Elmwood Theater Business Improvement Area Revenue Account – $18,744.68

Contact: Tom Myers, Secretary, 981-7530

b.      From:  City Manager (PDF, 53 KB)

Recommendation:  The City Manager concurs with the commission recommendation.

Contact:  Tom Myers, Economic Development, 981-7530

42.  Fees: Public Health Clinic

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving an increase in fees at the Public Health Clinic including services for family planning and sexually transmitted infection, immunization for children and adults and tuberculosis skin testing, effective September 1, 2004; and rescinding Resolution No. 60,692–N.S.

Financial Implications: See report.

Contact: Fred Medrano, Health and Human Services, 981-5100


Action Calendar – Old Business


Action Calendar – New Business

43.  Special Events: Approval of Funding for Certain Events

From: City Manager

Recommendation: Adopt a Resolution approving financial support for certain special events for FY 2004-2005.

Financial Implications:

Contact: Grace Maguire, City Manager, 981-7000

44.  Contract: Draft Southside Plan Environmental Impact Report Consultant Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with LSA Associates, Inc. for an Environmental Impact Report (EIR) for the Draft Southside Plan, in an amount not to exceed $329,328 from July 21, 2004 to June 30, 2006.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

45.  Neighborhood Traffic Calming Projects

a.      From: City Manager

Recommendation:  Approve the Office of Transportation’s neighborhood traffic calming and bike boulevard enhancement plans, prioritizing the specific neighborhood projects identified in this report, involving the potential installation of up to 27 new traffic calming circles.

Financial Implications: See report.

Contact: Peter Hillier, Transportation, 981-7010

b.      From: Transportation Commission (PDF, 185 KB)

Recommendation:  Accept Recommendations 1 through 8 as delineated in this report for the standard design of landscaped traffic circles.

Contact: Peter Hillier, Secretary, 981-7010

46.  Harriet Tubman Terrace

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

47.  Recreation Assessment for Youth (CF 04-02)

From: City Manager

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

48.  Implementation Status of Clean Storm Water Audit and Landscape and Park Maintenance Assessment Audit (CF 132-00)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

49.  One-Way Signage and Vegetation Plan (CF 73-03)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

50.  Public Workshops for Solid Waste Management Plan

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300


Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.


Adjournment